Australian Citizenship Amendment (Citizenship Testing) Act 2007
1 October 2007 - Legislation change
Client summary
The Australian Citizenship Amendment (Citizenship Testing) Act 2007 (the Citizenship Testing Act) amends the Australian Citizenship Act 2007 (the Act) to require applicants for Australian citizenship by conferral under the general eligibility provisions (subsection 21(2)) to have successfully completed a test before making an application for Australian citizenship. The Citizenship Testing Act provides that successful completion of the test is the only way the Minister can be satisfied that a person meets the requirements (set out at subsection 21(2)), to understand the nature of their application, possess a basic knowledge of the English language, and have an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship.
New section 23A provides that the Minister must make a determination to approve a test or tests; and that determination may provide the eligibility criteria for a person to sit a test including that the person must be a permanent resident and satisfy the Minister of their identity.
The Citizenship Testing Act also provides that the fee prescribed for an application to become an Australian citizen under section 21 of the Act, in relation to persons who have sat a test or tests, may include a component that relates to the test or tests sat by the applicant.
Technical details
The Citizenship Testing Act amends or inserts the following provisions of the Act:
- amends section 2A
- amends subparagraph 10(2)(c)(i)
- amends section 19G
- amends subsection 21(2)
- inserts new subsection 21(2A)
- inserts new section 23A
- amends subsection 40(1), (3) and (4)
- inserts new subsection 46(1A)
- inserts new subsection 53(2).
Related amendments to the Australian Citizenship Regulations 2007:
The Australian Citizenship Regulations 2007 (the Regulations) are amended to make various changes to provide for fees associated with the sitting of a test and for partial refunds to be paid in certain circumstances. The amendments to the Regulations commence on 1 October 2007.
Application of the new provisions:
Item 12 of Schedule 1 to the Citizenship Testing Act provides that the amendments to section 21 (made by item 4 of Schedule 1 to the Citizenship Testing Act) apply only in relation to applications for Australian citizenship made on or after 1 October 2007. This means that only persons applying on or after 1 October 2007 will be required to successfully complete a citizenship test (if this requirement is applicable) before making an application.
Item 13 of Schedule 1 to the Citizenship Testing Act provides transitional arrangements in relation to requests made under subsection 40(1) for persons to provide personal identifiers and authorisations to make such requests under subsections 40(3) and (4).
Subitem 13(1) provides that if a request was made under subsection 40(1) of the Act before 1 October 2007, and the request had not been complied with before this date, the request has effect on or after 1 October 2007 as if it were a request made under that subsection after this date.
Subitem 13(2) provides that an authorisation in force under subsection 40(3) or (4) of the Act immediately before 1 October 2007 has effect on or after this date as if it were an authorisation made under that subsection on or after 1 October 2007.
Forms: New application forms have been made:
- Form 1300t Application for Australian citizenship by conferral
- Form 1299i How to apply for Australian citizenship by conferral
- Form 1298i Citizenship Fees
- Form 1295 On line applications for Australian Citizenship by conferal - Proof of Identity and declaration
- Form 1290 Application for Australian citizenship by conferral - other situations
The following Forms have been amended:
- Form 1195 Proof of Identity and declaration
- Form 998i Charges
The following Forms have been withdrawn:
- Form 124 Application for conferral of Australian citizenship
- Form 1027i How to apply for conferral of Australian citizenship
Instructions: The Australian Citizenship Instructions (ACIs) are amended from 1 October 2007. The ACIs are available on Legend.com. Parts of the ACIs are also publicly available on the Citizenship website.
See: www.citizenship.gov.au
Effect on delegations: Nil, existing delegations apply to the new arrangements.
Effect on systems: New systems have been introduced and Departmental systems updated where necessary to support the changes.